ARTICLE 44:78
INPATIENT CHEMICAL DEPENDENCY TREATMENT FACILITY
Chapter
44:78:01 Rules of general applicability.
44:78:02 Physical environment and safety.
44:78:03 Fire safety and construction standards.
CHAPTER 44:78:01
RULES OF GENERAL APPLICABILITY
Section
44:78:01:01 Definitions.
44:78:01:02 Licensure of inpatient chemical dependency treatment facilities.
44:78:01:03 Name of facility.
44:78:01:04 Bed capacity.
44:78:01:05 Joint occupancy.
44:78:01:06 Reports.
44:78:01:07 Plans of correction.
44:78:01:08 Modifications.
44:78:01:09 Scope of article.
44:78:01:10 Scope of licensure inspections.
44:78:01:01.Definitions. Terms defined in SDCL 34-12-1.1 have the same meaning in this article. In addition, terms used in this article mean:
(1)"Abuse," an intentional act toward an individual indicating that one or more of the following has occurred:
(a)A criminal conviction against a person for mistreatment toward an individual; or
(b)In the absence of a criminal conviction, substantial evidence that one or more of the following has occurred resulting in harm, pain, fear, or mental anguish:
(i)Misappropriation of a patient's or resident's property or funds;
(ii)An attempt to commit a crime against a patient or resident;
(iii)Physical harm or injury against a patient or resident; or
(iv)Using profanity, making a gesture, or engaging in other any act made to or directed at a patient or resident;
(2)"Administrator," a person appointed by the owner or governing body of a facility who is responsible for the daily overall management of the facility and who maintains an office on the premises of the facility;
(3)"Department," the South Dakota Department of Health;
(4)"Developmental disability," a severe, chronic disability of a person as defined in SDCL 27B-1-18 or a disability which:
(a)Is attributable to a mental or physical impairment or combination of mental and physical impairments;
(b)Is manifested before the person attains age 22;
(c)Is likely to continue indefinitely;
(d)Results in substantial functional limitations in three or more of the following areas of major life activity:
(i)Self-care;
(ii)Receptive and expressive language;
(iii)Learning;
(iv)Mobility;
(v)Self-direction;
(vi)Capacity for independent living; and
(vii)Economic self-sufficiency; and
(e)Reflects the person's need for an array of generic services, met through a system of individual planning and supports over an extended time, including those of a life-long duration;
(5)"Exploitation," the wrongful taking or exercising of control over property of a person with intent to defraud that person;
(6)"Facility," the place of business used to provide health care for patients that is licensed by the department;
(7)"Governing body," is an individual, partnership, or an organized body of persons that is ultimately responsible for the quality of care in an inpatient chemical dependency treatment facility, credentialing of and granting privileges to the medical staff, maintaining the financial viability of the facility, and formulating institutional policies and procedures, or bylaws governing the operation of the facility;
(8)"Healthcare worker," any paid person working in a healthcare setting;
(9)"Licensed health professional," a physician; physician's assistant; nurse practitioner; physical, speech, or occupational therapist; physical or occupational therapy assistant; nurse; nursing facility administrator; dietitian; pharmacist; respiratory therapist; or social worker who holds a current license to practice in South Dakota;
(10)"Medical staff," an organized staff composed of practitioners that operates under bylaws approved by the governing body and which is responsible for reviewing the qualifications of practitioners applying for clinical privileges and for the provision of medical care to patients and residents in a health care facility;
(11)"Neglect," harm to a person's health or welfare, without reasonable justification, caused by the conduct of someone responsible for the person's health or welfare, including but not limited to offensive behavior made to or directed at a client, and the failure to provide timely, consistent, and safe services, treatment, or care necessary to avoid physical harm, mental anguish, or mental illness to the person;
(12)"Patient," a person with a valid order by a practitioner for diagnostic or treatment services in a chemical dependency treatment facility;
(13)"Patient advocate," an agency responsible for the protection and advocacy of patients, including the department, the state ombudsman, the protection and advocacy network, and the Medicaid fraud control unit; and
(14)"Qualified personnel," persons with the specific education, license, and training to provide the health service for which they are employed.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:78:01:02.Licensure of inpatient chemical dependency facility. Any license issued shall denote the name of the facility and the facility address on the face of the license. The license shall include each facility address at which services licensed under this chapter are provided. The most current license issued by the department shall be posted on the premises of the facility in a place conspicuous to the public. The license certificate remains the property of the department.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-7.
Law Implemented: SDCL 34-12-7.
44:78:01:03.Name of facility. Each facility shall be designated by a pertinent and distinctive name that shall be used in applying for a license. The name may not be changed without first notifying the department in writing. No facility may be given a name or advertise in a way that implies services rendered are in excess of the classification for which it is licensed or which would indicate an ownership other than actual.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-7.
Law Implemented: SDCL 34-12-7
44:78:01:04.Bed capacity. The department shall establish the bed capacity of each facility pursuant to the physical plant and space provisions of this article. The patient census may not exceed the bed capacity for which the facility is licensed. A request by the facility for an adjustment in bed capacity because of change of purpose or construction shall be approved by the department before any changes are made.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-7.
Law Implemented: SDCL 34-12-7.
44:78:01:05. Joint occupancy. The use of a portion of a building for a purpose other than that covered by the license may be approved by the department only if it can be shown that joint occupancy is not detrimental to the welfare of the patients. The area shall be open to inspection by the department.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1) and (3).
Law Implemented: SDCL 34-12-13(1) and (3).
44:78:01:06.Reports. Each facility shall fax, email, or mail to the department the pertinent data necessary to comply with the requirements of all applicable administrative rules and statutes.
Any incident or event where there is reasonable cause to suspect abuse or neglect of any patient by any person shall be reported within 24 hours of becoming informed of the alleged incident or event. The facility shall report each incident or event orally or in writing to the state's attorney of the county in which the facility is located, to the Department of Social Services, or to a law enforcement officer. The facility shall report each incident or event to the department within 24 hours, and conduct a subsequent internal investigation and provide a written report of the results to the department within five working days after the event.
Each facility shall report to the department within 48 hours of the event any death resulting from other than natural causes originating on facility property such as accidents or suicide. The facility shall conduct a subsequent internal investigation and provide a written report of the results to the department within five working days after the event.
Each facility shall report a missing patient to the department within 48 hours. The facility shall conduct a subsequent internal investigation and provide a written report of the results to the department within five working days after the event.
Each facility shall also report to the department as soon as possible any fire with damage or where injury or death occurs; any partial or complete evacuation of the facility resulting from natural disaster; or any loss of utilities, such as electricity, natural gas, telephone, emergency generator, fire alarm, sprinklers, and other critical equipment necessary for operation of the facility for more than 24 hours.
Each facility shall notify the department of any anticipated closure or discontinuation of service at least 30 days in advance of the effective date.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(14).
Law Implemented: SDCL 34-12-13(14).
44:78:01:07.Plans of correction. Within 10 days of the receipt of the statement of deficiencies, each facility shall submit to the department a written plan of correction for a citation of noncompliance with licensure requirements. The plan of correction shall be signed, dated, and on forms provided by the department. The department may reject the plan of correction if there is no evidence the plan will cause the treatment facility to attain or maintain compliance with SDCL chapter 34-12 and this article.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(5).
Law Implemented: SDCL 34-12-13(5).
44:78:01:08.Modifications. A modification specified by this section may be requested in writing by the facility.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(5) and (14).
Law Implemented: SDCL 34-12-13(5) and (14).
44:78:01:09.Scope of article. Nothing in article 44:78 limits or expands the rights of any healthcare worker to provide services within the scope of the professional's license, certification, or registration, as provided by South Dakota law.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(5).
Law Implemented: SDCL 34-12-13(5).
44:78:01:10.Scope of licensure inspections. Inpatient chemical dependency treatment facilities are Level III.7 medically-monitored intensive inpatient treatment programs providing services in accordance with article 46:05. The department's scope of inspection of these facilities includes licensure, physical environment and safety, fire safety, construction standards, and accessibility.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1), (2), (3), (5), and (14).
Law Implemented: SDCL 34-12-13(1), (2), (3), (5), and (14).
CHAPTER 44:78:02
PHYSICAL ENVIRONMENT AND SAFETY
Section
44:78:02:01 Sanitation.
44:78:02:02 Cleaning procedures.
44:78:02:03 Patient rooms.
44:78:02:04 Patient room furnishings.
44:78:02:05 Care units.
44:78:02:06 Food service.
44:78:02:07 Laundry.
44:78:02:08 Storage.
44:78:02:09 Outside yard storage.
44:78:02:10 Flooring.
44:78:02:11 Handwashing fixtures.
44:78:02:12 Exhaust ventilation.
44:78:02:13 Waste disposal.
44:78:02:14 Ventilation.
44:78:02:15 Heating and cooling.
44:78:02:16 Hot water systems.
44:78:02:17 Potable water.
44:78:02:18 Water supply.
44:78:02:19 Plumbing.
44:78:02:20 Lighting.
44:78:02:21 Electrical convenience outlets.
44:78:02:22 Infection control.
44:78:02:23 Occupant protection.
44:78:02:24 Physical plant changes.
44:78:02:25 Insect and rodent control.
44:78:02:26 Location.
44:78:02:27 Preventative maintenance.
44:78:02:28 Other hazardous conditions.
44:78:02:29 Personnel training.
44:78:02:01.Sanitation. The facility shall be kept clean, neat, and free of litter and rubbish. Hazardous cleaning solutions, chemicals, and poisons shall be labeled, stored in a safe place, and kept in an enclosed cabinet. Garbage and refuse shall be kept in durable, easily cleanable containers that do not leak and do not absorb liquids. Garbage and refuse shall be disposed of often enough to prevent the development of odor and the attraction of insects and rodents. Sewage shall be disposed of by means of a public sewage disposal system or a septic system, and may not constitute a source of contamination of food, equipment, or utensils or otherwise create an unsanitary condition or nuisance.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1).
Law Implemented: SDCL 34-12-13(1).
44:78:02:02.Cleaning procedures. The facility shall develop written procedures for cleaning all areas of the building. The building shall be maintained clean. Equipment and supplies shall be available for proper cleaning and disinfecting and shall be stored safely to protect the building occupants. Dustless methods shall be used for cleaning.
Written procedures shall be developed for the cleaning and sanitizing of food service equipment, countertops in the food production area, and dining room tables in accordance with the registered product label.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:78:02:03.Patient rooms. A patient room shall meet the following requirements:
(1)The maximum room capacity is two patients. Patient rooms approved prior to January 1, 2001, are acceptable as approved;
(2)The minimum clear floor area required is, exclusive of toilet rooms, closets, wardrobes, and vestibules, 100 square feet in single occupancy and 160 square feet in double occupancy;
(3)The floor of the patient room shall be above grade at the building site;
(4)A separate closet space of five square feet shall be provided for each patient; and
(5)Toilet rooms shall be available to the patient room. If the toilet room is not attached to the patient room, the distance to the toilet room from the door to the patient room may not exceed 50 feet. The toilet room shall be accessible and shall contain a handwashing fixture and stool with at least a side grab bar and toilet paper dispenser.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(3).
Law Implemented: SDCL 34-12-13(3).
44:78:02:04.Patient room furnishings. The facility shall provide the following furnishings for the patient rooms:
(1)A sturdy, comfortable bed with an impervious cover on the mattress;
(2)A pillow, two sheets, blanket, and bath towel;
(3)A dresser, drawers, or shelves for each patient;
(4)A chair, table or desk, reading lamp, and mirror for each patient; and
(5)Window coverings for privacy.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(3) and (4).
Law Implemented: SDCL 34-12-13(3) and (4).
44:78:02:05.Care units. The care unit shall contain the following features:
(1)Staff work area with handwashing fixture, charting space, communication and security equipment, supply storage, and locked medication storage, including refrigerated storage and dispensing area;
(2)Staff toilet room convenient to work area. The toilet room shall be accessible and shall contain a handwashing fixture and stool with at least a side grab bar and toilet paper dispenser;
(3)Clean linen storage or linen cart storage room;
(4)A housekeeping room for supply and housekeeping equipment storage. A floor receptor or service sink shall be provided and the adjacent wall surfaces shall be protected from water damage;